If you have lost a loved one due to someone else’s negligence in Nebraska, understanding your legal rights is a critical first step toward justice. This guide covers Nebraska’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Nebraska’s wrongful death framework provides no caps for general claims but imposes a strict total cap on medical malpractice cases, making specialized legal guidance essential depending on the cause of death.
Nebraska Wrongful Death Laws
The Nebraska Wrongful Death Statute
Nebraska’s wrongful death law is governed by Nebraska Revised Statutes § 30-809. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
Nebraska imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Nebraska allows recovery for pecuniary loss, loss of support, and loss of companionship. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a hard total cap of $2.25 million.
Survival Action
Nebraska maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Nebraska
1. Cullan & Cullan
Location: Omaha, NE
Phone: (402) 397-7600
Website: https://cullanlaw.com
This is a highly unique and elite firm – their lead attorneys are also medical doctors. Because Nebraska strictly caps total medical malpractice damages at $2.25 million, litigating fatal medical errors here requires surgical precision. Their dual medical-legal expertise allows them to aggressively prove gross negligence and hit the absolute maximum statutory cap efficiently.
2. Hauptman, O’Brien, Wolf & Lathrop, P.C.
Location: Omaha, NE (Serving statewide)
Phone: (402) 241-5020
Website: https://hauptman-obrien.net
One of the most established and well-resourced personal injury firms in Nebraska. In uncapped general wrongful death cases – fatal trucking or motorcycle crashes – they excel at moving quickly to establish the estate, appoint the Personal Representative, and secure the crash scene before the 2-year deadline expires.
3. Berry Law
Location: Lincoln, Omaha, NE (National reach)
Phone: (402) 466-8444
Website: https://jsberrylaw.com
Founded by a legendary trial lawyer and Vietnam veteran, Berry Law brings a highly aggressive, military-style tactical approach to litigation. They adeptly handle the separate survival actions in Nebraska to ensure the deceased’s pre-death pain and suffering are fully accounted for in the final settlement.
Frequently Asked Questions
What is Nebraska’s medical malpractice cap?
Nebraska imposes a hard total cap of $2.25 million on all medical malpractice claims, including wrongful death. This cap applies to all damages combined – economic and non-economic. An experienced attorney will build the strongest possible case to reach this maximum efficiently.
Are there caps on general wrongful death claims?
No. For wrongful death claims not involving medical malpractice, Nebraska imposes no caps.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Nebraska’s wrongful death framework provides families with different tools depending on the cause of death. The firms listed above have the expertise to maximize recovery whether the claim involves general negligence or medical malpractice. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.